October 28, 2020
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Senate Bill 2602

Senate Bill sb2602er

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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



  1                                 

  2         An act implementing the 2005-2006 General

  3         Appropriations Act; providing legislative

  4         intent; providing for use of specified

  5         calculations with respect to the Florida

  6         Education Finance Program; creating s.

  7         1004.065, F.S.; providing a limitation on

  8         university and direct-support organization

  9         financings; disbanding the Miami-Dade Land

10         Acquisition and Facilities Maintenance

11         Operation Advisory Board; amending s. 216.292,

12         F.S.; authorizing the Department of Children

13         and Family Services to transfer funds within

14         the family safety program; amending s. 287.057,

15         F.S.; authorizing the Department of Children

16         and Family Services to contract with a private

17         provider for a forensic mental health treatment

18         facility; amending s. 402.305, F.S.; providing

19         for the child care competency examination to be

20         given in Spanish; amending s. 402.33, F.S.;

21         suspending authority of the Department of

22         Children and Family Services to use funds in

23         excess of fee collections; amending s. 394.76,

24         F.S.; providing a local match ratio for

25         contracted community alcohol and mental health

26         services and programs funded through the

27         Department of Children and Family Services;

28         amending s. 215.18, F.S.; authorizing extension

29         of repayment periods for moneys transferred

30         between funds as a result of hurricanes

31         striking the state in 2004; requiring the


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1         Agency for Persons with Disabilities to report

 2         to the Governor and the Legislature with

 3         respect to the financial status of the Home and

 4         Community Based Services Waiver; providing for

 5         budget adjustments; amending s. 440.02, F.S.;

 6         redefining the term "employee," for purposes of

 7         workers' compensation, to exclude certain

 8         Medicaid-enrolled clients enrolled in workshop

 9         settings for the purpose of training;

10         authorizing the Department of Corrections and

11         the Department of Juvenile Justice to make

12         certain expenditures to defray costs incurred

13         by a municipality or county as a result of

14         opening or operating a facility under authority

15         of the respective department; amending s.

16         216.262, F.S.; providing for additional

17         positions to operate additional prison bed

18         capacity under certain circumstances; amending

19         s. 287.057, F.S.; authorizing the Department of

20         Management Services to issue an invitation to

21         negotiate for additional beds at specified

22         correctional facilities; providing guidelines

23         on such negotiation; providing a time

24         requirement for any additional bed procurement;

25         requiring reports with respect to adding such

26         additional beds; authorizing transfer of

27         certain funds from the courts to the Justice

28         Administrative Commission to meet certain

29         shortfalls in due-process appropriations;

30         providing for expenditure of funds from the

31         Working Capital Fund to offset deficiencies in


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         due-process services; authorizing the

 2         Department of Legal Affairs to expend

 3         appropriated funds on programs funded in the

 4         preceding fiscal year; amending s. 932.7055,

 5         F.S.; allowing municipalities to reimburse

 6         their general funds from moneys they advanced

 7         to their own special law enforcement trust

 8         funds; providing for an agreement between the

 9         Department of Agriculture and Consumer Services

10         and the Department of Transportation for the

11         construction of an agricultural interdiction

12         station in Escambia County; authorizing the

13         Executive Office of the Governor to transfer

14         funds between departments for purposes of

15         aligning amounts paid for risk management

16         premiums and for purposes of aligning amounts

17         paid for human resource management services;

18         amending s. 112.061, F.S.; providing for

19         computation of travel time and reimbursement

20         for public officers' and employees' travel;

21         amending s. 287.17, F.S.; authorizing the use

22         of state aircraft for commuting; directing the

23         Department of Environmental Protection to make

24         specified awards of grant moneys for pollution

25         control purposes; amending s. 375.041, F.S.;

26         providing for use of funds allocated to the

27         Land Acquisition Trust Fund for water quality

28         issues; creating s. 376.30715, F.S.; providing

29         conditions on state financial assistance in

30         restoration of contaminated petroleum storage

31         or retail sites; amending s. 376.3071, F.S.;


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         providing for use of funds from the Inland

 2         Protection Trust Fund to clean up certain

 3         petroleum-contaminated sites and to purchase

 4         generators for emergency fuel supply; amending

 5         s. 373.4137, F.S.; providing for water

 6         management districts to use specified funds in

 7         certain surface water improvement and

 8         management or invasive plant control projects;

 9         amending s. 120.551, F.S.; continuing Internet

10         publication of certain notices of the

11         Department of Environmental Protection and the

12         Board of Trustees of the Internal Improvement

13         Trust Fund; amending s. 373.4145, F.S.;

14         prescribing an interim permitting program for

15         the Northwest Florida Water Management

16         District; authorizing the appropriation of

17         moneys in the Conservation and Recreation Lands

18         Trust Fund to pay for replacement of motor

19         vehicles for the Department of Agriculture and

20         Consumer Services; creating the Florida Pork

21         Producers Transition Grant Program within the

22         Department of Agriculture and Consumer

23         Services; entitling certain persons using

24         farming methods described in the Florida

25         Constitution on a certain date to apply for a

26         grant; providing a cap on such grants and

27         authorizing the department to adopt rules to

28         implement the grant program; amending s.

29         11.151, F.S.; increasing the contingency fund

30         for the legislative presiding officers;

31         amending s. 320.08058, F.S.; authorizing


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         proceeds from the Professional Sports

 2         Development Trust Fund to be used for

 3         operational expenses of the Florida Sports

 4         Foundation and financial support of the

 5         Sunshine State Games; amending s. 445.048,

 6         F.S.; requiring that Workforce Florida, Inc.,

 7         expand the Passport to Economic Progress

 8         demonstration program to a statewide program;

 9         authorizing Workforce Florida, Inc., to

10         designate regional workforce boards to

11         participate in the program; deleting the

12         provision relating to the disregarding of

13         income for purposes of determing eligibility

14         for cash assistance; requiring that Workforce

15         Florida, Inc., offer incentive bonuses;

16         providing requirements for the incentive

17         bonuses; providing that the bonuses are not an

18         entitlement; deleting obsolete provisions;

19         requiring Workforce Florida, Inc., to submit

20         evaluations and recommendations for the program

21         as part of its annual report to the

22         Legislature; deleting obsolete provisions;

23         amending s. 253.034, F.S.; authorizing deposit

24         of funds from the sale of property by the

25         Department of Highway Safety and Motor Vehicles

26         located in Palm Beach County; amending s.

27         402.3017, F.S.; requiring the Agency for

28         Workforce Innovation to administer Teacher

29         Education and Compensation Helps (TEACH)

30         scholarship program; amending s. 259.032, F.S.;

31         providing for use of certain funds for


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1         constructing replacement museum facilities;

 2         creating s. 311.22, F.S.; establishing a

 3         program to provide matching funds for dredging

 4         projects in eligible counties; requiring that

 5         funds appropriated under the program be used

 6         for certain projects; requiring that the

 7         Florida Seaport Transportation and Economic

 8         Development Council adopt rules for evaluating

 9         the dredging projects; providing for a

10         project-review process by the Department of

11         Community Affairs, the Department of

12         Transportation, and the Office of Tourism,

13         Trade, and Economic Development; amending s.

14         339.135, F.S.; authorizing increased

15         appropriations for certain projects in the

16         Department of Transportation; creating s.

17         320.0846, F.S.; providing for free motor

18         vehicle license plates for active members of

19         the Florida National Guard; amending s.

20         216.292, F.S.; authorizing the Governor to

21         recommend fixed capital outlay projects funded

22         by Federal Emergency Management Agency grants;

23         providing for review by the Legislative Budget

24         Commission; amending s. 380.511, F.S.;

25         providing for transfer of unappropriated

26         balances from the Florida Communities Trust

27         Fund to the Emergency Management Preparedness

28         and Assistance Trust Fund; amending s.

29         420.0005, F.S.; providing for transfer of

30         unappropriated balances from the State Housing

31         Trust Fund in the Department of Community


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1         Affairs to the Emergency Management

 2         Preparedness and Assistance Trust Fund;

 3         amending s. 420.36, F.S.; providing for

 4         transfer of unappropriated balances from the

 5         Energy Consumption Trust Fund to the Emergency

 6         Management Preparedness and Assistance Trust

 7         Fund; providing for transfer of unappropriated

 8         balances from the Grants and Donations Trust

 9         Fund of the Department of Community Affairs to

10         the Emergency Management Preparedness and

11         Assistance Trust Fund; authorizing state

12         agencies to make cash awards to state employees

13         demonstrating satisfactory service to the

14         agency or the state; providing limits on such

15         awards; requiring a report with respect

16         thereto; reenacting s. 215.32(2)(b), F.S.,

17         relating to the source and use of trust funds;

18         providing finding of best interest of the state

19         for authorization and issuance of certain debt;

20         amending s. 216.181, F.S.; providing an

21         additional procedure for requesting, and for

22         approval of, budget amendments authorizing

23         expenditures from the Working Capital Fund;

24         providing effect of veto of specific

25         appropriation or proviso to which implementing

26         language refers; providing for future repeal or

27         expiration of various provisions; providing for

28         reversion of certain provisions; incorporating

29         by reference specified performance measures and

30         standards directly linked to the appropriations

31         made in the 2005-2006 General Appropriations


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1         Act, as required by the Government Performance

 2         and Accountability Act of 1994; providing

 3         severability; providing effective dates.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  It is the intent of the Legislature that

 8  the implementing and administering provisions of this act

 9  apply to the General Appropriations Act for fiscal year

10  2005-2006.

11         Section 2.  In order to implement Specific

12  Appropriations 5, 6, and 73-79 of the 2005-2006 General

13  Appropriations Act, the calculations of the Florida Education

14  Finance Program for the 2005-2006 fiscal year in the document

15  entitled "Public School Funding The Florida Education Finance

16  Program" dated May 3, 2005, and filed with the Secretary of

17  the Senate are incorporated by reference for the purpose of

18  displaying the calculations used by the Legislature,

19  consistent with the requirements of the Florida Statutes, in

20  making appropriations for the Florida Education Finance

21  Program.

22         Section 3.  In order to implement section 20 of the

23  2005-2006 General Appropriations Act, section 1004.065,

24  Florida Statutes, is created to read:

25         1004.065  Limitation on university and direct-support

26  organization financings.--No project may be financed by or on

27  behalf of a university or a direct-support organization

28  pursuant to s. 1001.74(5), s. 1004.28(6), s. 1010.60(2), s.

29  1013.15, s. 1013.16, s. 1013.17, s. 1013.171, s. 1013.74, or

30  s. 1013.78, or through any financing mechanism, including, but

31  not limited to, revenue bonds, promissory notes, certificates


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1  of participation, lease-purchase agreements, or any other form

 2  of indebtedness, without prior approval of the project by the

 3  Legislature by an act relating to appropriations or general

 4  law. This section expires July 1, 2006.

 5         Section 4.  In order to implement Section 23 of the

 6  2005-2006 General Appropriations Act, and notwithstanding

 7  section 1013.512(6), Florida Statutes, the Miami-Dade Land

 8  Acquisition and Facilities Maintenance Operations Advisory

 9  Board is hereby disbanded.

10         Section 5.  In order to implement Specific

11  Appropriations 296, 299, and 301 of the 2005-2006 General

12  Appropriations Act, subsection (12) of section 216.292,

13  Florida Statutes, is amended to read:

14         216.292  Appropriations nontransferable; exceptions.--

15         (12)  For the 2005-2006 2004-2005 fiscal year only and

16  notwithstanding the other provisions of this section, the

17  Department of Children and Family Services may transfer funds

18  within the family safety program identified in the General

19  Appropriations Act from identical funding sources between the

20  following appropriation categories without limitation as long

21  as such a transfer does not result in an increase to the total

22  recurring general revenue or trust fund cost of the agency in

23  the subsequent fiscal year: adoption services and subsidy;

24  family foster care; and emergency shelter care. Such transfers

25  must be consistent with legislative policy and intent and must

26  not adversely affect achievement of approved performance

27  outcomes or outputs in the family safety program. Notice of

28  proposed transfers under this authority must be provided to

29  the Executive Office of the Governor and the chairs of the

30  legislative appropriations committees at least 5 working days

31  


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1  before their implementation. This subsection expires July 1,

 2  2006 2005.

 3         Section 6.  In order to implement Specific

 4  Appropriations 395-404 of the 2005-2006 General Appropriations

 5  Act, subsection (14) of section 287.057, Florida Statutes, is

 6  amended to read:

 7         287.057  Procurement of commodities or contractual

 8  services.--

 9         (14)(a)  Contracts for commodities or contractual

10  services may be renewed for a period that may not exceed 3

11  years or the term of the original contract, whichever period

12  is longer. Renewal of a contract for commodities or

13  contractual services shall be in writing and shall be subject

14  to the same terms and conditions set forth in the initial

15  contract. If the commodity or contractual service is purchased

16  as a result of the solicitation of bids, proposals, or

17  replies, the price of the commodity or contractual service to

18  be renewed shall be specified in the bid, proposal, or reply.

19  A renewal contract may not include any compensation for costs

20  associated with the renewal. Renewals shall be contingent upon

21  satisfactory performance evaluations by the agency and subject

22  to the availability of funds. Exceptional purchase contracts

23  pursuant to paragraphs (5)(a) and (c) may not be renewed.

24         (b)  Notwithstanding paragraph (a), the Department of

25  Children and Family Services may enter into agreements, not to

26  exceed 20 years, with a private provider to finance, design,

27  and construct a forensic treatment facility, as defined in s.

28  916.106(8) s. 394.455, of at least 200 beds and to operate all

29  aspects of daily operations within the forensic treatment

30  facility. The selected contractor is authorized to sponsor the

31  issuance of tax-exempt certificates of participation or other


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1  securities to finance the project, and the state is authorized

 2  to enter into a lease-purchase agreement for the forensic

 3  treatment facility. The Department of Children and Family

 4  Services shall begin the implementation of this privatization

 5  initiative by January 1, 2005. This paragraph expires July 1,

 6  2006 2005.

 7         Section 7.  In order to implement Specific

 8  Appropriation 272 of the 2005-2006 General Appropriations Act,

 9  paragraph (g) of subsection (2) of section 402.305, Florida

10  Statutes, is amended to read:

11         402.305  Licensing standards; child care facilities.--

12         (2)  PERSONNEL.--Minimum standards for child care

13  personnel shall include minimum requirements as to:

14         (g)  The Department of Children and Family Services

15  shall provide at least one Child Care Competency Exam in

16  Spanish during the 2005-2006 2004-2005 fiscal year. This

17  paragraph expires July 1, 2006 2005.

18         Section 8.  In order to implement Specific

19  Appropriations 238-404 of the 2005-2006 General Appropriations

20  Act, subsection (10) of section 402.33, Florida Statutes, is

21  amended to read:

22         402.33  Department authority to charge fees for

23  services provided.--

24         (10)(a)  Unless otherwise specified by the Legislature,

25  fee collections, including third-party reimbursements, in

26  excess of fee-supported appropriations may be used in

27  conformance with the provisions of chapter 216 to fund

28  nonrecurring expenditures for direct client services and to

29  fund administrative costs of improving the fee collection

30  program of the department. No more than one-sixth of the

31  amount of collections in excess of the amount of


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    ENROLLED

    2005 Legislature                        SB 2602, 2nd Engrossed



 1  appropriations may be used to fund such improvements to the

 2  program. Priority consideration for the expenditure of excess

 3  collections shall be given to those districts and programs

 4  most responsible for the excess. A plan for the use of excess

 5  collections not spent in the fiscal year in which collected

 6  shall be subject to approval by the Executive Office of the

 7  Governor within 90 days from the end of the state fiscal year

 8  in which the excess occurs.

 9         (b)  For the 2005-2006 2004-2005 fiscal year only, the

10  provisions of paragraph (a) shall not apply. This paragraph

11  expires July 1, 2006 2005.

12         Section 9.  In order to implement Specific

13  Appropriations 325, 327, and 336 of the 2005-2006 General

14  Appropriations Act, paragraph (b) of subsection (3) of section

15  394.76, Florida Statutes, is amended to read:

16         394.76  Financing of district programs and

17  services.--If the local match funding level is not provided in

18  the General Appropriations Act or the substantive bill

19  implementing the General Appropriations Act, such funding

20  level shall be provided as follows:

21         (3)  The state share of financial participation shall

22  be determined by the following formula:

23         (b)1.  Residential and case management services which

24  are funded as part of a deinstitutionalization project shall

25  not require local matching funds and shall not be used as

26  local matching funds.  The state and federal financial

27  participation portions of Medicaid earnings pursuant to Title

28  XIX of the Social Security Act, except for the amount of

29  general revenue equal to the amount appropriated in 1985-1986

30  plus all other general revenue that is shifted from any other

31  alcohol, drug abuse, and mental health appropriation category


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 1  after fiscal year 1986-1987 or substance abuse and mental

 2  health appropriation category after fiscal year 2000-2001,

 3  shall not require local matching funds and shall not be used

 4  as local matching funds. Local matching funds are not required

 5  for general revenue transferred by the department into

 6  substance abuse and mental health appropriations categories

 7  during a fiscal year to match federal funds earned from

 8  Medicaid services provided for mental health clients in excess

 9  of the amounts initially appropriated. Funds for children's

10  services which were provided through the Children, Youth, and

11  Families Services budget which did not require local match

12  prior to being transferred to the Substance Abuse and Mental

13  Health Services budget shall be exempt from local matching

14  requirements.  All other contracted community alcohol and

15  mental health services and programs, except as identified in

16  s. 394.457(3), shall require local participation on a 75-to-25

17  state-to-local ratio.

18         2.  For the 2005-2006 fiscal year, notwithstanding the

19  conflicting requirement of this paragraph or of s. 394.457,

20  all other contracted community alcohol and mental health

21  services and programs shall require local participation on a

22  75-to-25 state-to-local ratio. This subparagraph expires July

23  1, 2006.

24         Section 10.  Effective upon this act becoming a law, in

25  order to implement Specific Appropriations 1512 and 1514 of

26  the 2005-2006 General Appropriations Act, section 215.18,

27  Florida Statutes, is amended to read:

28         215.18  Transfers between funds; limitation.--Whenever

29  there exists in any fund provided for by s. 215.32 a

30  deficiency which would render such fund insufficient to meet

31  its just requirements, and there shall exist in the other


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 1  funds in the State Treasury moneys which are for the time

 2  being or otherwise in excess of the amounts necessary to meet

 3  the just requirements of such last-mentioned funds, the

 4  Governor may order a temporary transfer of moneys from one

 5  fund to another in order to meet temporary deficiencies in a

 6  particular fund without resorting to the necessity of

 7  borrowing money and paying interest thereon.

 8         (1)  Except as otherwise provided in s.

 9  216.222(1)(a)2., the fund from which any money is temporarily

10  transferred shall be repaid the amount transferred from it not

11  later than the end of the fiscal year in which such transfer

12  is made, the date of repayment to be specified in the order of

13  the Governor.

14         (2)  Notwithstanding subsection (1) and for the

15  2005-2006 fiscal year only, the repayment period for funds

16  temporarily transferred in fiscal year 2004-2005 to meet

17  deficiencies resulting from hurricanes striking this state in

18  2004 may be extended until grants awarded by the Federal

19  Emergency Management Agency for FEMA Disaster Declarations

20  1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and 1561-DR-FL are

21  received. This subsection expires July 1, 2006.

22         Section 11.  In order to implement Specific

23  Appropriations 604 through 614 of the 2005-2006 General

24  Appropriations Act, the Agency for Persons with Disabilities

25  shall submit quarterly status reports to the Executive Office

26  of the Governor, the chair of the Senate Ways and Means

27  Committee, and the chair of the House Fiscal Council regarding

28  the financial status of the Home and Community Based Services

29  Waiver, including but not limited to information about the

30  number of current clients being served through the waiver and

31  actual and projected cost information as compared with the


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 1  appropriation available to the program.  If at any time, based

 2  upon an analysis by the agency, the cost of waiver services is

 3  expected to exceed the appropriated amount, based upon the

 4  current rates as implemented November 1, 2003, the agency

 5  shall implement any adjustment necessary pursuant to section

 6  393.0661(4), Florida Statutes, to stay within the

 7  appropriation. This section expires July 1, 2006.

 8         Section 12.  In order to implement Specific

 9  Appropriation 614 of the 2005-2006 General Appropriations Act,

10  paragraph (d) of subsection (15) of section 440.02, Florida

11  Statutes, is amended to read:

12         440.02  Definitions.--When used in this chapter, unless

13  the context clearly requires otherwise, the following terms

14  shall have the following meanings:

15         (15)

16         (d)  "Employee" does not include:

17         1.  An independent contractor who is not engaged in the

18  construction industry.

19         a.  In order to meet the definition of independent

20  contractor, at least four of the following criteria must be

21  met:

22         (I)  The independent contractor maintains a separate

23  business with his or her own work facility, truck, equipment,

24  materials, or similar accommodations;

25         (II)  The independent contractor holds or has applied

26  for a federal employer identification number, unless the

27  independent contractor is a sole proprietor who is not

28  required to obtain a federal employer identification number

29  under state or federal regulations;

30  

31  


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 1         (III)  The independent contractor receives compensation

 2  for services rendered or work performed and such compensation

 3  is paid to a business rather than to an individual;

 4         (IV)  The independent contractor holds one or more bank

 5  accounts in the name of the business entity for purposes of

 6  paying business expenses or other expenses related to services

 7  rendered or work performed for compensation;

 8         (V)  The independent contractor performs work or is

 9  able to perform work for any entity in addition to or besides

10  the employer at his or her own election without the necessity

11  of completing an employment application or process; or

12         (VI)  The independent contractor receives compensation

13  for work or services rendered on a competitive-bid basis or

14  completion of a task or a set of tasks as defined by a

15  contractual agreement, unless such contractual agreement

16  expressly states that an employment relationship exists.

17         b.  If four of the criteria listed in sub-subparagraph

18  a. do not exist, an individual may still be presumed to be an

19  independent contractor and not an employee based on full

20  consideration of the nature of the individual situation with

21  regard to satisfying any of the following conditions:

22         (I)  The independent contractor performs or agrees to

23  perform specific services or work for a specific amount of

24  money and controls the means of performing the services or

25  work.

26         (II)  The independent contractor incurs the principal

27  expenses related to the service or work that he or she

28  performs or agrees to perform.

29         (III)  The independent contractor is responsible for

30  the satisfactory completion of the work or services that he or

31  she performs or agrees to perform.


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 1         (IV)  The independent contractor receives compensation

 2  for work or services performed for a commission or on a

 3  per-job basis and not on any other basis.

 4         (V)  The independent contractor may realize a profit or

 5  suffer a loss in connection with performing work or services.

 6         (VI)  The independent contractor has continuing or

 7  recurring business liabilities or obligations.

 8         (VII)  The success or failure of the independent

 9  contractor's business depends on the relationship of business

10  receipts to expenditures.

11         c.  Notwithstanding anything to the contrary in this

12  subparagraph, an individual claiming to be an independent

13  contractor has the burden of proving that he or she is an

14  independent contractor for purposes of this chapter.

15         2.  A real estate licensee, if that person agrees, in

16  writing, to perform for remuneration solely by way of

17  commission.

18         3.  Bands, orchestras, and musical and theatrical

19  performers, including disk jockeys, performing in licensed

20  premises as defined in chapter 562, if a written contract

21  evidencing an independent contractor relationship is entered

22  into before the commencement of such entertainment.

23         4.  An owner-operator of a motor vehicle who transports

24  property under a written contract with a motor carrier which

25  evidences a relationship by which the owner-operator assumes

26  the responsibility of an employer for the performance of the

27  contract, if the owner-operator is required to furnish the

28  necessary motor vehicle equipment and all costs incidental to

29  the performance of the contract, including, but not limited

30  to, fuel, taxes, licenses, repairs, and hired help; and the

31  owner-operator is paid a commission for transportation service


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 1  and is not paid by the hour or on some other time-measured

 2  basis.

 3         5.  A person whose employment is both casual and not in

 4  the course of the trade, business, profession, or occupation

 5  of the employer.

 6         6.  A volunteer, except a volunteer worker for the

 7  state or a county, municipality, or other governmental entity.

 8  A person who does not receive monetary remuneration for

 9  services is presumed to be a volunteer unless there is

10  substantial evidence that a valuable consideration was

11  intended by both employer and employee. For purposes of this

12  chapter, the term "volunteer" includes, but is not limited to:

13         a.  Persons who serve in private nonprofit agencies and

14  who receive no compensation other than expenses in an amount

15  less than or equivalent to the standard mileage and per diem

16  expenses provided to salaried employees in the same agency or,

17  if such agency does not have salaried employees who receive

18  mileage and per diem, then such volunteers who receive no

19  compensation other than expenses in an amount less than or

20  equivalent to the customary mileage and per diem paid to

21  salaried workers in the community as determined by the

22  department; and

23         b.  Volunteers participating in federal programs

24  established under Pub. L. No. 93-113.

25         7.  Unless otherwise prohibited by this chapter, any

26  officer of a corporation who elects to be exempt from this

27  chapter. Such officer is not an employee for any reason under

28  this chapter until the notice of revocation of election filed

29  pursuant to s. 440.05 is effective.

30         8.  An officer of a corporation that is engaged in the

31  construction industry who elects to be exempt from the


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 1  provisions of this chapter, as otherwise permitted by this

 2  chapter. Such officer is not an employee for any reason until

 3  the notice of revocation of election filed pursuant to s.

 4  440.05 is effective.

 5         9.  An exercise rider who does not work for a single

 6  horse farm or breeder, and who is compensated for riding on a

 7  case-by-case basis, provided a written contract is entered

 8  into prior to the commencement of such activity which

 9  evidences that an employee/employer relationship does not

10  exist.

11         10.  A taxicab, limousine, or other passenger

12  vehicle-for-hire driver who operates said vehicles pursuant to

13  a written agreement with a company which provides any

14  dispatch, marketing, insurance, communications, or other

15  services under which the driver and any fees or charges paid

16  by the driver to the company for such services are not

17  conditioned upon, or expressed as a proportion of, fare

18  revenues.

19         11.  A person who performs services as a sports

20  official for an entity sponsoring an interscholastic sports

21  event or for a public entity or private, nonprofit

22  organization that sponsors an amateur sports event. For

23  purposes of this subparagraph, such a person is an independent

24  contractor. For purposes of this subparagraph, the term

25  "sports official" means any person who is a neutral

26  participant in a sports event, including, but not limited to,

27  umpires, referees, judges, linespersons, scorekeepers, or

28  timekeepers. This subparagraph does not apply to any person

29  employed by a district school board who serves as a sports

30  official as required by the employing school board or who

31  


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 1  serves as a sports official as part of his or her

 2  responsibilities during normal school hours.

 3         12.  Medicaid-enrolled clients under chapter 393 who

 4  are excluded from the definition of employment under s.

 5  443.1216(4)(d) and served by Adult Day Training Services under

 6  the Home and Community-Based Medicaid Waiver program in a

 7  sheltered workshop setting licensed by the United States

 8  Department of Labor for the purpose of training and earning

 9  less than the federal hourly minimum wage.

10         13.  Medicaid-enrolled clients under chapter 393 who

11  are excluded from the definition of employment under s.

12  443.1216(4)(d) and served by Adult Day Training Services under

13  the Family and Supported Living Medicaid Waiver program in a

14  sheltered workshop setting licensed by the United States

15  Department of Labor for the purpose of training and earning

16  less than the federal hourly minimum wage. This subparagraph

17  expires July 1, 2006.

18         Section 13.  In order to fulfill legislative intent

19  regarding the use of funds contained in Specific

20  Appropriations 676, 688, 698, and 1136 of the 2005-2006

21  General Appropriations Act, the Department of Corrections and

22  the Department of Juvenile Justice may expend appropriated

23  funds to assist in defraying the costs of impacts that are

24  incurred by a municipality or county and associated with

25  opening or operating a facility under the authority of the

26  respective department which is located within that

27  municipality or county. The amount that is to be paid under

28  this section for any facility may not exceed 1 percent of the

29  facility construction cost, less building impact fees imposed

30  by the municipality or by the county if the facility is

31  


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 1  located in the unincorporated portion of the county. This

 2  section expires July 1, 2006.

 3         Section 14.  In order to implement Specific

 4  Appropriations 666-761 and 797-811 of the 2005-2006 General

 5  Appropriations Act, subsection (4) of section 216.262, Florida

 6  Statutes, is amended to read:

 7         216.262  Authorized positions.--

 8         (4)  Notwithstanding the provisions of this chapter on

 9  increasing the number of authorized positions, and for the

10  2005-2006 2004-2005 fiscal year only, if the actual inmate

11  population of the Department of Corrections exceeds the inmate

12  population projections of the February 14, 2005 February 16,

13  2004, Criminal Justice Estimating Conference by 1 percent for

14  2 consecutive months or 2 percent for any month, the Executive

15  Office of the Governor, with the approval of the Legislative

16  Budget Commission, shall immediately notify the Criminal

17  Justice Estimating Conference, which shall convene as soon as

18  possible to revise the estimates. The Department of

19  Corrections may then submit a budget amendment requesting the

20  establishment of positions in excess of the number authorized

21  by the Legislature and additional appropriations from the

22  General Revenue Fund or the Working Capital Fund sufficient to

23  provide for essential staff, fixed capital improvements, and

24  other resources to provide classification, security, food

25  services, health services, and other variable expenses within

26  the institutions to accommodate the estimated increase in the

27  inmate population. All actions taken pursuant to the authority

28  granted in this subsection shall be subject to review and

29  approval by the Legislative Budget Commission. This subsection

30  expires July 1, 2006 2005.

31  


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 1         Section 15.  In order to implement Specific

 2  Appropriations 676 and 688 of the 2005-2006 General

 3  Appropriations Act, subsection (25) is added to section

 4  287.057, Florida Statutes, to read:

 5         287.057  Procurement of commodities or contractual

 6  services.--

 7         (25)  For the 2005-2006 fiscal year only,

 8  notwithstanding any specific provision of this chapter or

 9  chapter 255 to the contrary, the Department of Management

10  Services is authorized to issue an invitation to negotiate to

11  contract for 384 additional beds for expansion at the Gadsden

12  Correctional Facility to house medium-custody female inmates

13  and for 235 additional beds for expansion at the Bay

14  Correctional Facility and 235 additional beds at Moore Haven

15  Correctional Facility to house medium-custody and

16  close-custody inmates.  Any such invitation to negotiate shall

17  be limited to modifications of existing contracts between the

18  Department of Management Services and firms currently

19  operating private correctional facilities and shall be for

20  design, financing, acquisition, leasing, construction, and

21  operation of the additional beds. By October 1, 2005, and

22  quarterly thereafter, the department shall report to the

23  President of the Senate and the Speaker of the House of

24  Representatives on the specific activities completed and

25  remaining to be completed, along with timeframes for each

26  activity, to add the additional beds.  Procurement should be

27  completed in a manner that allows sufficient time for the new

28  beds to become operational by July 2007.  This subsection

29  expires July 1, 2006.

30         Section 16.  In order to implement Specific

31  Appropriations 842 and 2999 of the 2005-2006 General


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 1  Appropriations Act, and pursuant to the notice, review, and

 2  objection procedures of section 216.177, Florida Statutes,

 3  funds in Specific Appropriation 2999 of the 2005-2006 General

 4  Appropriations Act may be transferred from the courts to the

 5  Justice Administrative Commission in order to address

 6  unanticipated shortfalls in due process services

 7  appropriations in excess of the contingency fund provided in

 8  Specific Appropriation 842 of the 2005-2006 General

 9  Appropriations Act. This section expires July 1, 2006.

10         Section 17.  In order to implement Specific

11  Appropriations 836, 837, 839, 840, and 3020 of the 2005-2006

12  General Appropriations Act, if a deficit is projected by the

13  Justice Administrative Commission or the state courts in any

14  specific appropriation provided for due process services, the

15  Governor or the Chief Justice of the Supreme Court,

16  respectively, may submit a budget amendment for consideration

17  by the Legislative Budget Commission to authorize the

18  expenditure of funds from the Working Capital Fund to offset

19  such deficiency. Any budget amendment submitted by the

20  Governor to the Legislative Budget Commission shall contain

21  certification by the Justice Administrative Commission that

22  all actions required by section 29.015, Florida Statutes, have

23  been completed and that no funds exist in any contingency fund

24  appropriation available to the entity projected to experience

25  the deficiency. Any budget amendment submitted by the Supreme

26  Court shall contain certification that the court has completed

27  all actions required by section 29.016, Florida Statutes, and

28  that no funds exist in any contingency fund available to the

29  state courts system. This section expires July 1, 2006.

30         Section 18.  In order to implement Specific

31  Appropriations 1274 and 1277 of the 2005-2006 General


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 1  Appropriations Act, the Department of Legal Affairs is

 2  authorized to expend appropriated funds in Specific

 3  Appropriations 1274 and 1277 on the same programs that were

 4  funded by the department pursuant to specific appropriations

 5  made in general appropriations acts in prior years.

 6         Section 19.  In order to implement Specific

 7  Appropriation 1201 of the 2005-2006 General Appropriations

 8  Act, paragraph (d) is added to subsection (4) of section

 9  932.7055, Florida Statutes, to read:

10         932.7055  Disposition of liens and forfeited

11  property.--

12         (4)  The proceeds from the sale of forfeited property

13  shall be disbursed in the following priority:

14         (d)  Notwithstanding any other provision of this

15  subsection, and for the 2005-2006 fiscal year only, the funds

16  in a special law enforcement trust fund established by the

17  governing body of a municipality may be expended to reimburse

18  the general fund of the municipality for moneys advanced from

19  the general fund to the special law enforcement trust fund

20  prior to October 1, 2001. This paragraph expires July 1, 2006.

21         Section 20.  In order to implement Specific

22  Appropriations 1442 and 1444 of the 2005-2006 General

23  Appropriations Act and notwithstanding any provision of

24  chapter 287 or chapter 337, Florida Statutes, from the funds

25  appropriated to the Department of Agriculture and Consumer

26  Services for the 2002-2003, 2003-2004, 2004-2005, and

27  2005-2006 fiscal years for the purpose of constructing and

28  operating an agricultural interdiction station on Interstate

29  10 in Escambia County, the Department of Agriculture and

30  Consumer Services shall enter into an agreement with the

31  Department of Transportation wherein the Department of


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 1  Transportation, on behalf of the Department of Agriculture and

 2  Consumer Services, shall proceed with the construction of the

 3  station under the authority established in chapter 337,

 4  Florida Statutes. The Department of Agriculture and Consumer

 5  Services shall be authorized to execute all contracts

 6  resulting from such Department of Transportation selection of

 7  contractors in compliance with chapter 337, Florida Statutes.

 8  This section expires July 1, 2006.

 9         Section 21.  In order to implement the appropriation of

10  funds in Special Categories-Risk Management Insurance of the

11  2005-2006 General Appropriations Act, and pursuant to the

12  notice, review, and objection procedures of section 216.177,

13  Florida Statutes, the Executive Office of the Governor is

14  authorized to transfer funds appropriated in the appropriation

15  category "Special Categories-Risk Management Insurance" of the

16  2005-2006 General Appropriations Act between departments in

17  order to align the budget authority granted with the premiums

18  paid by each department for risk management insurance. This

19  section expires July 1, 2006.

20         Section 22.  In order to implement the appropriation of

21  funds in Special Categories-Transfer to Department of

22  Management Services-Human Resources Services Purchased Per

23  Statewide Contract of the 2005-2006 General Appropriations

24  Act, and pursuant to the notice, review, and objection

25  procedures of section 216.177, Florida Statutes, the Executive

26  Office of the Governor is authorized to transfer funds

27  appropriated in the appropriation category "Special

28  Categories-Transfer to Department of Management Services-Human

29  Resources Services Purchased Per Statewide Contract" of the

30  2005-2006 General Appropriations Act between departments in

31  order to align the budget authority granted with the


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 1  assessments that must be paid by each agency to the Department

 2  of Management Services for human resource management services.

 3  This section expires July 1, 2006.

 4         Section 23.  In order to implement sections 2-7 of the

 5  2005-2006 General Appropriations Act, paragraph (c) of

 6  subsection (5) and paragraph (d) of subsection (6) of section

 7  112.061, Florida Statutes, are amended to read:

 8         112.061  Per diem and travel expenses of public

 9  officers, employees, and authorized persons.--

10         (5)  COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For

11  purposes of reimbursement and methods of calculating

12  fractional days of travel, the following principles are

13  prescribed:

14         (c)  For the 2005-2006 2004-2005 fiscal year only and

15  notwithstanding the other provisions of this subsection, for

16  Class C travel, a state traveler shall not be reimbursed on a

17  per diem basis nor shall a traveler receive subsistence

18  allowance. This paragraph expires July 1, 2006 2005.

19         (6)  RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.--For

20  purposes of reimbursement rates and methods of calculation,

21  per diem and subsistence allowances are divided into the

22  following groups and rates:

23         (d)  For the 2005-2006 2004-2005 fiscal year only and

24  notwithstanding the other provisions of this subsection, for

25  Class C travel, a state traveler shall not be reimbursed on a

26  per diem basis nor shall a traveler receive subsistence

27  allowance. This paragraph expires July 1, 2006 2005.

28         Section 24.  In order to implement Specific

29  Appropriations 2088 and 2658-2665 of the 2005-2006 General

30  Appropriations Act, paragraph (a) of subsection (3) and

31  


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 1  subsection (7) of section 287.17, Florida Statutes, are

 2  amended to read:

 3         287.17  Limitation on use of motor vehicles and

 4  aircraft.--

 5         (3)(a)  The term "official state business" may not be

 6  construed to permit the use of a motor vehicle or aircraft for

 7  commuting purposes, unless special assignment of a motor

 8  vehicle is authorized as a perquisite by the Department of

 9  Management Services, required by an employee after normal duty

10  hours to perform duties of the position to which assigned, or

11  authorized for an employee whose home is the official base of

12  operation.

13         (7)  It is the intention of the Legislature that

14  persons traveling on state aircraft for purposes consistent

15  with, but not necessarily constituting, official state

16  business may travel only when accompanying persons who are

17  traveling on official state business and that such persons

18  shall pay the state for all costs associated with such travel.

19  Notwithstanding paragraph (3)(a), a person traveling on state

20  aircraft for purposes other than official state business shall

21  pay for any trip not exclusively for state business by paying

22  a prorated share of all fixed and variable expenses related to

23  the ownership, operation, and use of such aircraft.

24         Section 25.  The amendment of section 287.17, Florida

25  Statutes, shall expire July 1, 2006, and the text of that

26  section shall revert to that in existence on June 30, 2005,

27  except that any amendments to such text enacted other than by

28  this act shall be preserved and continue to operate to the

29  extent that such amendments are not dependent upon the

30  portions of such text which expire pursuant to this section.

31  


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 1         Section 26.  Notwithstanding section 403.7095, Florida

 2  Statutes, in order to implement Specific Appropriation 1761 of

 3  the 2005-2006 General Appropriations Act, the Department of

 4  Environmental Protection shall award:

 5         (1)  $6,500,000 in grants equally to counties with

 6  populations of fewer than 100,000 for waste tire, litter

 7  prevention, recycling and education, and general solid waste

 8  programs.

 9         (2)  $1,242,168 in competitive innovative grants to

10  cities and counties on the prioritized list of projects

11  submitted by the Department of Environmental Protection to the

12  Legislature.

13  

14  This section expires July 1, 2006.

15         Section 27.  In order to implement Specific

16  Appropriation 1703 of the 2005-2006 General Appropriations

17  Act, subsection (6) of section 375.041, Florida Statutes, is

18  amended to read:

19         375.041  Land Acquisition Trust Fund.--

20         (6)  For the 2005-2006 2004-2005 fiscal year only,

21  funds allocated to the Land Acquisition Trust Fund may also be

22  appropriated for water quality issues in the General

23  Appropriations Act. This subsection expires July 1, 2006 2005.

24         Section 28.  In order to implement Specific

25  Appropriation 1742 of the 2005-2006 General Appropriations

26  Act, section 376.30715, Florida Statutes, is created to read:

27         376.30715  Innocent victim petroleum storage system

28  restoration.--A contaminated site acquired prior to July 1,

29  1990, which ceased operating as a petroleum storage or retail

30  business prior to January 1, 1985, is eligible for financial

31  assistance pursuant to s. 376.305(6), notwithstanding s.


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 1  376.305(6)(a). Eligible sites shall be ranked in accordance

 2  with s. 376.3071(5). This section expires July 1, 2006.

 3         Section 29.  In order to implement Specific

 4  Appropriations 1742 and 1751A, subsection (14) is added to

 5  section 376.3071, Florida Statutes, to read:

 6         376.3071  Inland Protection Trust Fund; creation;

 7  purposes; funding.--

 8         (14)  ADDITIONAL USES OF FUNDS FOR SPECIFIED FISCAL

 9  YEAR.--Notwithstanding subsection (4) and s. 376.30711, for

10  the 2005-2006 fiscal year only funds from the Inland

11  Protection Trust Fund may be used to clean up petroleum

12  contaminated sites registered in a state-funded program that

13  have been identified as viable affordable housing sites by the

14  Department of Community Affairs together with local

15  governments and may be used to purchase generators for

16  emergency fuel supply. This subsection expires July 1, 2006.

17         Section 30.  In order to implement Specific

18  Appropriations 1697-1722 of the 2005-2006 General

19  Appropriations Act, paragraph (c) of subsection (4) of section

20  373.4137, Florida Statutes, is amended to read:

21         373.4137  Mitigation requirements.--

22         (4)  Prior to December 1 of each year, each water

23  management district, in consultation with the Department of

24  Environmental Protection, the United States Army Corps of

25  Engineers, the Department of Transportation, transportation

26  authorities established pursuant to chapter 348 or chapter

27  349, and other appropriate federal, state, and local

28  governments, and other interested parties, including entities

29  operating mitigation banks, shall develop a plan for the

30  primary purpose of complying with the mitigation requirements

31  adopted pursuant to this part and 33 U.S.C. s. 1344. This plan


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 1  shall also address significant invasive plant problems within

 2  wetlands and other surface waters. In developing such plans,

 3  the districts shall utilize sound ecosystem management

 4  practices to address significant water resource needs and

 5  shall focus on activities of the Department of Environmental

 6  Protection and the water management districts, such as surface

 7  water improvement and management (SWIM) waterbodies and lands

 8  identified for potential acquisition for preservation,

 9  restoration, and enhancement, to the extent that such

10  activities comply with the mitigation requirements adopted

11  under this part and 33 U.S.C. s. 1344. In determining the

12  activities to be included in such plans, the districts shall

13  also consider the purchase of credits from public or private

14  mitigation banks permitted under s. 373.4136 and associated

15  federal authorization and shall include such purchase as a

16  part of the mitigation plan when such purchase would offset

17  the impact of the transportation project, provide equal

18  benefits to the water resources than other mitigation options

19  being considered, and provide the most cost-effective

20  mitigation option. The mitigation plan shall be preliminarily

21  approved by the water management district governing board and

22  shall be submitted to the secretary of the Department of

23  Environmental Protection for review and final approval. The

24  preliminary approval by the water management district

25  governing board does not constitute a decision that affects

26  substantial interests as provided by s. 120.569. At least 30

27  days prior to preliminary approval, the water management

28  district shall provide a copy of the draft mitigation plan to

29  any person who has requested a copy.

30         (c)  Surface water improvement and management or

31  invasive plant control projects undertaken using the $12


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 1  million advance transferred from the Department of

 2  Transportation to the Department of Environmental Protection

 3  in fiscal year 1996-1997 which meet the requirements for

 4  mitigation under this part and 33 U.S.C. s. 1344 shall remain

 5  available for mitigation until the $12 million is fully

 6  credited up to and including fiscal year 2006-2007 2005-2006.

 7  When these projects are used as mitigation, the $12 million

 8  advance shall be reduced by $75,000 per acre of impact

 9  mitigated. For any fiscal year through and including fiscal

10  year 2006-2007 2005-2006, to the extent the cost of developing

11  and implementing the mitigation plans is less than the amount

12  transferred pursuant to subsection (3), the difference shall

13  be credited towards the $12 million advance. Except as

14  provided in this paragraph, any funds not directed to

15  implement the mitigation plan should, to the greatest extent

16  possible, be directed to fund invasive plant control within

17  wetlands and other surface waters.

18         Section 31.  In order to implement Specific

19  Appropriation 1690 of the 2005-2006 General Appropriations

20  Act, subsection (3) of section 120.551, Florida Statutes, is

21  amended to read:

22         120.551  Internet publication.--

23         (3)  This section is repealed effective July 1, 2006

24  2005, unless reviewed and reenacted by the Legislature before

25  that date.

26         Section 32.  In order to implement Specific

27  Appropriations 1629-1635 of the 2005-2006 General

28  Appropriations Act and notwithstanding the repeal of

29  subsections (1), (2), (3), and (4) of section 373.4145,

30  Florida Statutes, scheduled for July 1, 2005, those

31  


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 1  subsections are reenacted, and subsection (6) of that section

 2  is amended, to read:

 3         373.4145  Interim part IV permitting program for the

 4  Northwest Florida Water Management District.--

 5         (1)  Within the geographical jurisdiction of the

 6  Northwest Florida Water Management District, the permitting

 7  authority of the department under this part shall consist

 8  solely of the following, notwithstanding the rule adoption

 9  deadline in s. 373.414(9):

10         (a)  Chapter 17-25, Florida Administrative Code, shall

11  remain in full force and effect, and shall be implemented by

12  the department. Notwithstanding the provisions of this

13  section, chapter 17-25, Florida Administrative Code, may be

14  amended by the department as necessary to comply with any

15  requirements of state or federal laws or regulations, or any

16  condition imposed by a federal program, or as a requirement

17  for receipt of federal grant funds.

18         (b)  Rules adopted pursuant to the authority of ss.

19  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

20  as amended, in effect prior to July 1, 1994, shall remain in

21  full force and effect, and shall be implemented by the

22  department.  However, the department is authorized to

23  establish additional exemptions and general permits for

24  dredging and filling, if such exemptions or general permits do

25  not allow significant adverse impacts to occur individually or

26  cumulatively.  However, for the purpose of chapter 17-312,

27  Florida Administrative Code, the landward extent of surface

28  waters of the state identified in rule 17-312.030(2), Florida

29  Administrative Code, shall be determined in accordance with

30  the methodology in rules 17-340.100 through 17-340.600,

31  Florida Administrative Code, as ratified in s. 373.4211, upon


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 1  the effective date of such ratified methodology. In

 2  implementing s. 373.421(2), the department shall determine the

 3  extent of those surface waters and wetlands within the

 4  regulatory authority of the department as described in this

 5  paragraph. At the request of the petitioner, the department

 6  shall also determine the extent of surface waters and wetlands

 7  which can be delineated by the methodology ratified in s.

 8  373.4211, but which are not subject to the regulatory

 9  authority of the department as described in this paragraph.

10         (c)  The department may implement chapter 40A-4,

11  Florida Administrative Code, in effect prior to July 1, 1994,

12  pursuant to an interagency agreement with the Northwest

13  Florida Water Management District adopted under s. 373.046(4).

14         (2)  The authority of the Northwest Florida Water

15  Management District to implement this part or to implement any

16  authority pursuant to delegation by the department shall not

17  be affected by this section. The rule adoption deadline in s.

18  373.414(9) shall not apply to said district.

19         (3)  The division of permitting responsibilities in s.

20  373.046(4) shall not apply within the geographical

21  jurisdiction of the Northwest Florida Water Management

22  District.

23         (4)  If the United States Environmental Protection

24  Agency approves an assumption of the federal program to

25  regulate the discharge of dredged or fill material by the

26  department or the water management districts, or both,

27  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,

28  as amended, 33 U.S.C. ss. 1251 et seq.; the United States Army

29  Corps of Engineers issues one or more state programmatic

30  general permits under the referenced statutes; or the United

31  States Environmental Protection Agency or the United States


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 1  Corps of Engineers approves any other delegation of regulatory

 2  authority under the referenced statutes, then the department

 3  may implement any permitting authority granted in this part

 4  within the Northwest Florida Water Management District which

 5  is prescribed as a condition of granting such assumption,

 6  general permit, or delegation.

 7         (6)  Subsections (1), (2), (3), and (4) shall be

 8  repealed effective July 1, 2006 2005.

 9         Section 33.  In order to implement Specific

10  Appropriations 1315, 1384, 1435, 1445, 1453, and 1461 of the

11  2005-2006 General Appropriations Act, notwithstanding the

12  limitations imposed on the Conservation and Recreation Lands

13  Trust Fund by section 259.032, Florida Statutes, moneys in the

14  Conservation and Recreation Lands Trust Fund may be

15  appropriated for the 2005-2006 fiscal year to the Department

16  of Agriculture and Consumer Services to pay for replacement of

17  motor vehicles in programs other than forest and resource

18  protection/land management. This section expires July 1, 2006.

19         Section 34.  (1)  In order to implement Specific

20  Appropriation 1453A of the 2005-2006 General Appropriations

21  Act, there is hereby created the Florida Pork Producers

22  Transition Grant Program within the Department of Agriculture

23  and Consumer Services to provide assistance to any person or

24  persons or entities that were using farming methods described

25  in Article X, Section 21 of the Florida Constitution on

26  November 5, 2002. The purpose of the program is to assist

27  Florida pork producers in reducing encumbered debt on stranded

28  investment in equipment and in transitioning into other

29  farming or agriculture activities.

30         (2)  Any person or persons or entities that were using

31  farming methods described in Article X, Section 21 of the


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 1  Florida Constitution on November 5, 2002, are entitled to

 2  apply for a grant from the program if that person or entity

 3  signs a letter of intent to cease or has ceased using farming

 4  methods described in Article X, Section 21 of the Florida

 5  Constitution on land within this state and agrees in writing

 6  to continue to use the land as actively engaged in an

 7  agricultural or farming activity other than pork production

 8  until at least November 2008.

 9         (3)  The department shall provide grants of not more

10  than $275,000 to each person or persons or entities who meet

11  the criteria for the program and who enter into such a letter

12  of intent with the department, on a first-come first-served

13  basis; provided that the application for the grant is made on

14  or before December 29, 2005. The department may adopt rules to

15  implement the Florida Pork Producers Transition Grant Program.

16         (4)  This section expires July 1, 2006.

17         Section 35.  In order to implement Specific

18  Appropriations 2590 and 2591 of the 2005-2006 General

19  Appropriations Act, section 11.151, Florida Statutes, is

20  amended to read:

21         11.151  Annual legislative appropriation to contingency

22  fund for use of Senate President and House Speaker.--

23         (1)  There is established a legislative contingency

24  fund consisting of $10,000 for the President of the Senate and

25  $10,000 for the Speaker of the House of Representatives, which

26  amounts shall be set aside annually from moneys appropriated

27  for legislative expense. These funds shall be disbursed by the

28  Chief Financial Officer upon receipt of vouchers authorized by

29  the President of the Senate or the Speaker of the House of

30  Representatives. Such funds may be expended at the

31  unrestricted discretion of the President of the Senate or the


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 1  Speaker of the House of Representatives in carrying out their

 2  official duties during the entire period between the date of

 3  their election as such officers at the organizational meeting

 4  held pursuant to s. 3(a), Art. III of the State Constitution

 5  and the next general election.

 6         (2)  For the 2005-2006 fiscal year only, the

 7  contingency fund amounts in subsection (1) are increased to

 8  $20,000. This subsection expires July 1, 2006.

 9         Section 36.  In order to implement Specific

10  Appropriation 2501 of the 2005-2006 General Appropriations

11  Act, paragraph (b) of subsection (9) of section 320.08058,

12  Florida Statutes, is amended to read:

13         320.08058  Specialty license plates.--

14         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

15         (b)  The license plate annual use fees are to be

16  annually distributed as follows:

17         1.  Fifty-five percent of the proceeds from the Florida

18  Professional Sports Team plate must be deposited into the

19  Professional Sports Development Trust Fund within the Office

20  of Tourism, Trade, and Economic Development. These funds must

21  be used solely to attract and support major sports events in

22  this state. As used in this subparagraph, the term "major

23  sports events" means, but is not limited to, championship or

24  all-star contests of Major League Baseball, the National

25  Basketball Association, the National Football League, the

26  National Hockey League, the men's and women's National

27  Collegiate Athletic Association Final Four basketball

28  championship, or a horseracing or dogracing Breeders' Cup. All

29  funds must be used to support and promote major sporting

30  events, and the uses must be approved by the Florida Sports

31  Foundation.


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 1         2.  The remaining proceeds of the Florida Professional

 2  Sports Team license plate must be allocated to the Florida

 3  Sports Foundation, a direct-support organization of the Office

 4  of Tourism, Trade, and Economic Development. These funds must

 5  be deposited into the Professional Sports Development Trust

 6  Fund within the Office of Tourism, Trade, and Economic

 7  Development. These funds must be used by the Florida Sports

 8  Foundation to promote the economic development of the sports

 9  industry; to distribute licensing and royalty fees to

10  participating professional sports teams; to promote education

11  programs in Florida schools that provide an awareness of the

12  benefits of physical activity and nutrition standards; to

13  partner with the Department of Education and the Department of

14  Health to develop a program that recognizes schools whose

15  students demonstrate excellent physical fitness or fitness

16  improvement; to institute a grant program for communities

17  bidding on minor sporting events that create an economic

18  impact for the state; to distribute funds to Florida-based

19  charities designated by the Florida Sports Foundation and the

20  participating professional sports teams; and to fulfill the

21  sports promotion responsibilities of the Office of Tourism,

22  Trade, and Economic Development.

23         3.  The Florida Sports Foundation shall provide an

24  annual financial audit in accordance with s. 215.981 of its

25  financial accounts and records by an independent certified

26  public accountant pursuant to the contract established by the

27  Office of Tourism, Trade, and Economic Development as

28  specified in s. 288.1229(5). The auditor shall submit the

29  audit report to the Office of Tourism, Trade, and Economic

30  Development for review and approval. If the audit report is

31  


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 1  approved, the office shall certify the audit report to the

 2  Auditor General for review.

 3         4.  For the 2005-2006 2004-2005 fiscal year only and

 4  notwithstanding the provisions of subparagraphs 1. and 2.,

 5  proceeds from the Professional Sports Development Trust Fund

 6  may also be used for operational expenses of the Florida

 7  Sports Foundation and financial support of the Sunshine State

 8  Games. This subparagraph expires July 1, 2006 2005.

 9         Section 37.  In order to implement Specific

10  Appropriation 2121 of the 2005-2006 General Appropriations

11  Act, section 445.048, Florida Statutes, as amended by section

12  53 of chapter 2004-269, Laws of Florida, is amended to read:

13         445.048  Passport to Economic Progress demonstration

14  program.--

15         (1)  AUTHORIZATION.--Notwithstanding any law to the

16  contrary, Workforce Florida, Inc., in conjunction with the

17  Department of Children and Family Services and the Agency for

18  Workforce Innovation, shall implement a Passport to Economic

19  Progress demonstration program by November 1, 2001, consistent

20  with the provisions of this section in Hillsborough and

21  Manatee counties. Workforce Florida, Inc., may designate

22  regional workforce boards to participate in the program.

23  Expenses for the program may come from appropriated revenues

24  or from funds otherwise available to a regional workforce

25  board which may be legally used for such purposes. Workforce

26  Florida, Inc., must consult with the applicable regional

27  workforce boards and the applicable local offices of the

28  Department of Children and Family Services which serve the

29  demonstration areas and must encourage community input into

30  the implementation process.

31  


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 1         (2)  WAIVERS.--If Workforce Florida, Inc., in

 2  consultation with the Department of Children and Family

 3  Services, finds that federal waivers would facilitate

 4  implementation of the demonstration program, the department

 5  shall immediately request such waivers, and Workforce Florida,

 6  Inc., shall report to the Governor, the President of the

 7  Senate, and the Speaker of the House of Representatives if any

 8  refusal of the federal government to grant such waivers

 9  prevents the implementation of the demonstration program. If

10  Workforce Florida, Inc., finds that federal waivers to

11  provisions of the Food Stamp Program would facilitate

12  implementation of the demonstration program, the Department of

13  Children and Family Services shall immediately request such

14  waivers in accordance with s. 414.175.

15         (3)  INCOME DISREGARD.--In order to provide an

16  additional incentive for employment, and notwithstanding the

17  amount specified in s. 414.095(12), for individuals residing

18  in the areas designated for this demonstration program, the

19  first $300 plus one-half of the remainder of earned income

20  shall be disregarded in determining eligibility for temporary

21  cash assistance. All other conditions and requirements of s.

22  414.095(12) shall continue to apply to such individuals.

23         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

24  to assist them in making the transition to economic

25  self-sufficiency, former recipients of temporary cash

26  assistance residing within the areas designated for this

27  demonstration program shall be eligible for the following

28  benefits and services:

29         (a)  Notwithstanding the time period specified in s.

30  445.030, transitional education and training support services

31  


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 1  as specified in s. 445.030 for up to 4 years after the family

 2  is no longer receiving temporary cash assistance;

 3         (b)  Notwithstanding the time period specified in s.

 4  445.031, transitional transportation support services as

 5  specified in s. 445.031 for up to 4 years after the family is

 6  no longer receiving temporary cash assistance; and

 7         (c)  Notwithstanding the time period specified in s.

 8  445.032, transitional child care as specified in s. 445.032

 9  for up to 4 years after the family is no longer receiving

10  temporary cash assistance.

11  

12  All other provisions of ss. 445.030, 445.031, and 445.032

13  shall apply to such individuals, as appropriate. This

14  subsection does not constitute an entitlement to transitional

15  benefits and services. If funds are insufficient to provide

16  benefits and services under this subsection, the board of

17  directors of Workforce Florida, Inc., or its agent, may limit

18  such benefits and services or otherwise establish priorities

19  for the provisions of such benefits and services.

20         (4)(5)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY WAGE

21  SUPPLEMENTATION.--

22         (a)  The Legislature finds that:

23         1.  There are former recipients of temporary cash

24  assistance who are working full time but whose incomes are

25  below the federal poverty level.

26         2.  Having incomes below the federal poverty level

27  makes such individuals particularly vulnerable to reliance on

28  public assistance despite their best efforts to achieve or

29  maintain economic independence through employment.

30         3.  It is necessary to implement a performance-based

31  program that defines economic incentives for achieving


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 1  specific benchmarks toward self-sufficiency while the

 2  individual is working full-time supplement the wages of such

 3  individuals for a limited period of time in order to assist

 4  them in fulfilling the transition to economic

 5  self-sufficiency.

 6         (b)  Workforce Florida, Inc., in cooperation with the

 7  Department of Children and Family Services and the Agency for

 8  Workforce Innovation, shall offer performance-based incentive

 9  bonuses create a transitional wage supplementation program by

10  November 1, 2001, as a component of the Passport to Economic

11  Progress demonstration program in the areas designated for the

12  demonstration program. This wage supplementation program does

13  not constitute an entitlement to wage supplementation. The

14  bonuses do not represent a program entitlement and shall be

15  contingent on achieving specific benchmarks prescribed in the

16  self-sufficiency plan. If the funds appropriated for this

17  purpose are insufficient to provide this financial incentive

18  wage supplementation, the board of directors of Workforce

19  Florida, Inc., may reduce or suspend the bonuses in order not

20  to exceed the appropriation or may direct the regional boards

21  to use resources otherwise given to the regional workforce to

22  pay such bonuses if such payments comply with applicable state

23  and federal laws limit wage supplementation or otherwise

24  establish priorities for wage supplementation.

25         (c)  To be eligible for an incentive bonus wage

26  supplementation under this subsection, an individual must:

27         1.  Be a former recipient of temporary cash assistance

28  who last received such assistance on or after January 1, 2000;

29         2.  Be employed full time, which for the purposes of

30  this subsection means employment averaging at least 32 hours

31  per week, until the United States Congress enacts legislation


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 1  reauthorizing the Temporary Assistance for Needy Families

 2  block grant and, after the reauthorization, means employment

 3  complying with the employment requirements of the

 4  reauthorization; and

 5         3.  Have an average family income for the 6 months

 6  preceding the date of application for an incentive bonus wage

 7  supplementation which is less than 200 100 percent of the

 8  federal poverty level.

 9         (d)  Workforce Florida, Inc., shall determine the

10  schedule for the payment of wage supplementation under this

11  subsection. An individual eligible for wage supplementation

12  under this subsection may receive a payment that equals the

13  amount necessary to bring the individual's total family income

14  for the period covered by the payment to 100 percent of the

15  federal poverty level. An individual may not receive wage

16  supplementation payments for more than a total of 12 months.

17         (e)  The wage supplementation program authorized by

18  this subsection shall be administered through the regional

19  workforce boards and the one-stop delivery system, under

20  policy guidelines, criteria, and applications developed by

21  Workforce Florida, Inc., in cooperation with the Department of

22  Children and Family Services and the Agency for Workforce

23  Innovation. To the maximum extent possible, the regional

24  workforce boards shall use electronic debit card technologies

25  to provide wage supplementation payments under this program.

26         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

27  Florida, Inc., in conjunction with the Department of Children

28  and Family Services, the Agency for Workforce Innovation, and

29  the regional workforce boards in the areas designated for this

30  demonstration program, shall conduct a comprehensive

31  evaluation of the effectiveness of the demonstration program


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 1  operated under this section. Evaluations and recommendations

 2  for the program shall be submitted by Workforce Florida, Inc.,

 3  as part of its annual report to the Legislature. By January 1,

 4  2003, Workforce Florida, Inc., shall submit a report on such

 5  evaluation to the Governor, the President of the Senate, and

 6  the Speaker of the House of Representatives. The report must

 7  include recommendations as to whether the demonstration

 8  program should be expanded to other service areas or statewide

 9  and whether the program should be revised to enhance its

10  administration or effectiveness.

11         (6)(7)  CONFLICTS.--If there is a conflict between the

12  implementation procedures described in this section and

13  federal requirements and regulations, federal requirements and

14  regulations shall control.

15         Section 38.  The amendment of section 445.048, Florida

16  Statutes, by this act shall expire on July 1, 2006, and the

17  text of that section shall revert to that in existence on June

18  30, 2003, except that any amendments to such text enacted

19  other than by this act shall be preserved and continue to

20  operate to the extent that such amendments are not dependent

21  upon the portions of such text which expire pursuant to the

22  provisions of this act.

23         Section 39.  In order to implement section 37 of the

24  2005-2006 General Appropriations Act, subsection (13) of

25  section 253.034, Florida Statutes, is amended to read:

26         253.034  State-owned lands; uses.--

27         (13)  Notwithstanding the provisions of this section,

28  funds from the sale of property by the Department of Highway

29  Safety and Motor Vehicles located in Palm Beach County and

30  Orange Counties are authorized to be deposited into the

31  Highway Safety Operating Trust Fund to facilitate the exchange


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 1  as provided in the General Appropriations Act, provided that

 2  at the conclusion of both exchanges the values are equalized.

 3  This subsection expires July 1, 2006 2005.

 4         Section 40.  In order to implement proviso language in

 5  Specific Appropriation 2162G of the 2005-2006 General

 6  Appropriations Act, section 402.3017, Florida Statutes, is

 7  amended to read:

 8         402.3017  Teacher Education and Compensation Helps

 9  (TEACH) scholarship program.--

10         (1)  The Legislature finds that the level of early

11  child care teacher education and training is a key predictor

12  for determining program quality. The Legislature also finds

13  that low wages for child care workers prevent many from

14  obtaining increased training and education and contribute to

15  high turnover rates.  The Legislature therefore intends to

16  help fund a program which links teacher training and education

17  to compensation and commitment to the field of early childhood

18  education.

19         (2)  The Department of Children and Family Services is

20  authorized to contract for the administration of the Teacher

21  Education and Compensation Helps (TEACH) scholarship program,

22  which provides educational scholarships to caregivers and

23  administrators of early childhood programs, family day care

24  homes, and large family child care homes.

25         (3)  The department shall adopt rules as necessary to

26  implement this section.

27         (4)  For the 2005-2006 2004-2005 fiscal year only, the

28  Agency for Workforce Innovation shall administer this section.

29  This subsection expires July 1, 2006 2005.

30         Section 41.  In order to implement Specific

31  Appropriation 2982D of the 2005-2006 General Appropriations


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 1  Act, paragraph (g) is added to subsection (11) of section

 2  259.032, Florida Statutes, to read:

 3         259.032  Conservation and Recreation Lands Trust Fund;

 4  purpose.--

 5         (11)

 6         (g)  In addition to the purposes specified in paragraph

 7  (b), funds from the 1.5 percent of the cumulative total of

 8  funds ever deposited into the Florida Preservation 2000 Trust

 9  Fund and the Florida Forever Trust Fund may be appropriated

10  for the 2005-2006 fiscal year for the construction of

11  replacement museum facilities. This paragraph expires July 1,

12  2006.

13         Section 42.  In order to implement Specific

14  Appropriation 1995 of the 2005-2006 General Appropriations

15  Act, section 311.22, Florida Statutes, is created to read:

16         311.22  Additional authorization for funding certain

17  dredging projects.--

18         (1)  The Florida Seaport Transportation and Economic

19  Development Council shall establish a program to fund dredging

20  projects in counties having a population of fewer than 300,000

21  according to the last official census. Funds made available

22  under this program may be used to fund approved projects for

23  the dredging or deepening of channels, turning basins, or

24  harbors on a 50-50 matching basis with any port authority, as

25  such term is defined in s. 315.02(2), which complies with the

26  water quality provisions of s. 403.061 and the local financial

27  management and reporting provisions of part III of chapter

28  218.

29         (2)  The council shall adopt rules for evaluating the

30  projects that may be funded pursuant to this section. The

31  rules must provide criteria for evaluating the economic


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 1  benefit of the project. The rules must include the creation of

 2  an administrative review process by the council which is

 3  similar to the process contained in ss. 311.09(5)-(12), and

 4  provide for a review by the Department of Community Affairs,

 5  the Department of Transportation, and the Office of Tourism,

 6  Trade, and Economic Development of all projects submitted for

 7  funding under this section.

 8         (3)  This section expires July 1, 2006.

 9         Section 43.  In order to implement Specific

10  Appropriations 1989-2003, 2017-2019, 2021-2026, 2028-2038, and

11  2074-2084 of the 2005-2006 General Appropriations Act,

12  subsection (8) is added to section 339.135, Florida Statutes,

13  to read:

14         339.135  Work program; legislative budget request;

15  definitions; preparation, adoption, execution, and

16  amendment.--

17         (8)  INCREASED APPROPRIATIONS.--Notwithstanding any

18  requirement of subsections (4) and (5), s. 339.08, or s.

19  339.175, the Legislature may appropriate increased revenues

20  identified by the March 4, 2005, consensus estimating

21  conference for projects funded within the Department of

22  Transportation. The funding for such projects may not be

23  deducted from funds otherwise distributed to districts. This

24  subsection expires July 1, 2006.

25         Section 44.  In order to implement Specific

26  Appropriation 2575 of the 2005-2006 General Appropriations

27  Act, section 320.0846, Florida Statutes, is created to read:

28         320.0846  Free motor vehicle license plates to active

29  members of the Florida National Guard.--

30         (1)  Any owner or lessee of a motor vehicle who resides

31  in this state and is an active member of the Florida National


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 1  Guard may, upon application and proof of eligibility, be

 2  issued one standard license plate without charge. Applications

 3  for any additional license plates must be accompanied by

 4  appropriate fees established in this chapter.

 5         (2)  Eligible applicants of the Florida National Guard

 6  may apply for a specialty license plate as provided in s.

 7  320.08056 upon payment of the fees required in that section.

 8  All other fees will be waived. Applications for any additional

 9  specialty license plates must be accompanied by all

10  appropriate fees established in this chapter.

11         (3)  This section expires July 1, 2006.

12         Section 45.  In order to implement Specific

13  Appropriations 1512 and 1514 of the 2005-2006 General

14  Appropriations Act, paragraph (g) is added to subsection (5)

15  of section 216.292, Florida Statutes, to read:

16         216.292  Appropriations nontransferable; exceptions.--

17         (5)

18         (g)  Notwithstanding paragraph (d), and for the

19  2005-2006 fiscal year only, the Governor may recommend the

20  initiation of fixed capital outlay projects funded by grants

21  awarded by the Federal Emergency Management Agency for FEMA

22  Disaster Declarations 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and

23  1561-DR-FL. All actions taken pursuant to the authority

24  granted in this paragraph are subject to review and approval

25  by the Legislative Budget Commission. This paragraph expires

26  July 1, 2006.

27         Section 46.  In order to implement Specific

28  Appropriation 1567A of the 2005-2006 General Appropriations

29  Act, subsection (3) of section 380.511, Florida Statutes, is

30  amended to read:

31         380.511  Florida Communities Trust Fund.--


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 1         (3)(a)  The trust may disburse moneys in the Florida

 2  Communities Trust Fund to pay all necessary expenses to carry

 3  out the purposes of this part, except as limited by s.

 4  380.510(7).

 5         (b)  For the 2005-2006 fiscal year only, any

 6  unappropriated balance in the Florida Communities Trust Fund

 7  may be transferred by the General Appropriations Act to the

 8  Emergency Management Preparedness and Assistance Trust Fund.

 9  This paragraph expires July 1, 2006.

10         Section 47.  In order to implement Specific

11  Appropriation 1543A of the 2005-2006 General Appropriations

12  Act, section 420.0005, Florida Statutes, is amended to read:

13         420.0005  State Housing Trust Fund; State Housing

14  Fund.--

15         (1)  There is hereby established in the State Treasury

16  a separate trust fund to be named the "State Housing Trust

17  Fund." There shall be deposited in the fund all moneys

18  appropriated by the Legislature, or moneys received from any

19  other source, for the purpose of this chapter, and all

20  proceeds derived from the use of such moneys. The fund shall

21  be administered by the Florida Housing Finance Corporation on

22  behalf of the department, as specified in this chapter. Money

23  deposited to the fund and appropriated by the Legislature

24  must, notwithstanding the provisions of chapter 216 or s.

25  420.504(3), be transferred quarterly in advance, to the extent

26  available, or, if not so available, as soon as received into

27  the State Housing Trust Fund, and subject to the provisions of

28  s. 420.5092(6)(a) and (b) by the Chief Financial Officer to

29  the corporation upon certification by the Secretary of

30  Community Affairs that the corporation is in compliance with

31  the requirements of s. 420.0006. The certification made by the


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 1  secretary shall also include the split of funds among programs

 2  administered by the corporation and the department as

 3  specified in chapter 92-317, Laws of Florida, as amended.

 4  Moneys advanced by the Chief Financial Officer must be

 5  deposited by the corporation into a separate fund established

 6  with a qualified public depository meeting the requirements of

 7  chapter 280 to be named the "State Housing Fund" and used for

 8  the purposes of this chapter. Administrative and personnel

 9  costs incurred in implementing this chapter may be paid from

10  the State Housing Fund, but such costs may not exceed 5

11  percent of the moneys deposited into such fund. To the State

12  Housing Fund shall be credited all loan repayments, penalties,

13  and other fees and charges accruing to such fund under this

14  chapter.  It is the intent of this chapter that all loan

15  repayments, penalties, and other fees and charges collected be

16  credited in full to the program account from which the loan

17  originated. Moneys in the State Housing Fund which are not

18  currently needed for the purposes of this chapter shall be

19  invested in such manner as is provided for by statute.  The

20  interest received on any such investment shall be credited to

21  the State Housing Fund.

22         (2)  For the 2005-2006 fiscal year only, any

23  unappropriated balance in the State Housing Trust Fund in the

24  Department of Community Affairs may be transferred by the

25  General Appropriations Act to the Emergency Management

26  Preparedness and Assistance Trust Fund. This subsection

27  expires July 1, 2006.

28         Section 48.  In order to implement Specific

29  Appropriation 1543A of the 2005-2006 General Appropriations

30  Act, subsection (4) of section 420.36, Florida Statutes, is

31  amended to read:


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         420.36  Low-income Emergency Home Repair

 2  Program.--There is established within the Department of

 3  Community Affairs the Low-income Emergency Home Repair Program

 4  to assist low-income persons, especially the elderly and

 5  physically disabled, in making emergency repairs which

 6  directly affect their health and safety.

 7         (4)(a)  Funds appropriated to the department for the

 8  program shall be deposited in the Energy Consumption Trust

 9  Fund.  Administrative and personnel costs incurred by the

10  department in implementing the provisions of this section may

11  be paid from the fund.

12         (b)  The grantee may subgrant these funds to a

13  subgrantee if the grantee is unable to serve all of the county

14  or the target population. Grantee and subgrantee eligibility

15  shall be determined by the department.

16         (c)  Funds shall be distributed to grantees and

17  subgrantees as follows:

18         1.  For each county, a base amount of at least $3,000

19  shall be set aside from the total funds available, and such

20  amount shall be deducted from the total amount appropriated by

21  the Legislature.

22         2.  The balance of the funds appropriated by the

23  Legislature shall be divided by the total poverty population

24  of the state, and this quotient shall be multiplied by each

25  county's share of the poverty population.  That amount plus

26  the base of at least $3,000 shall constitute each county's

27  share.  A grantee which serves more than one county shall

28  receive the base amount plus the poverty population share for

29  each county to be served.  Contracts with grantees may be

30  renewed annually.

31  


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         3.  The funds allocated to each county shall be offered

 2  first to an existing weatherization assistance program grantee

 3  in good standing, as determined by the department, that can

 4  provide services to the target population of low-income

 5  persons, low-income elderly persons, and low-income physically

 6  disabled persons throughout the county.

 7         4.  If a weatherization assistance program grantee is

 8  not available to serve the entire county area, the funds shall

 9  be distributed through the following process:

10         a.  An announcement of funding availability shall be

11  provided to the county.  The county may elect to administer

12  the program.

13         b.  If the county elects not to administer the program,

14  the department shall establish rules to address the selection

15  of one or more public or private not-for-profit agencies that

16  are experienced in weatherization, rehabilitation, or

17  emergency repair to administer the program.

18         5.  If no eligible agency agrees to serve a county, the

19  funds for that county shall be distributed to grantees having

20  the best performance record as determined by department rule.

21  At the end of the contract year, any uncontracted or

22  unexpended funds shall be returned to the Energy Consumption

23  Trust Fund and reallocated under the next year's contracting

24  cycle.

25         (d)  For the 2005-2006 fiscal year only, any

26  unappropriated balance in the Energy Consumption Trust Fund

27  may be transferred by the General Appropriations Act to the

28  Emergency Management Preparedness and Assistance Trust Fund.

29  This paragraph expires July 1, 2006.

30         Section 49.  In order to implement Specific

31  Appropriation 1543A of the 2005-2006 General Appropriations


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1  Act, and for the 2005-2006 fiscal year only, any

 2  unappropriated balance in the Grants and Donations Trust Fund

 3  of the Department of Community Affairs may be transferred by

 4  the General Appropriations Act to the Emergency Management

 5  Preparedness and Assistance Trust Fund. This section expires

 6  July 1, 2006.

 7         Section 50.  In order to implement specific

 8  appropriations for salaries and benefits in the 2005-2006

 9  General Appropriations Act, notwithstanding the provisions of

10  section 110.1245(4), Florida Statutes, and for the 2005-2006

11  fiscal year only, agencies may additionally use funds for cash

12  awards to state employees who demonstrate satisfactory service

13  in the agency or to the state, in appreciation and recognition

14  of such service. Awards may not exceed $100 each and will be

15  allocated from an agency's existing budget. By March 1, 2006,

16  agencies that elect to make cash awards will report to the

17  Governor and Cabinet, the President of the Senate, and the

18  Speaker of the House of Representatives the dollar value and

19  number of such awards given. If available, any additional

20  information concerning employee satisfaction and feedback

21  should be provided. This section expires July 1, 2006.

22         Section 51.  In order to implement the transfer of

23  moneys to the Working Capital Fund from trust funds in the

24  2005-2006 General Appropriations Act, paragraph (b) of

25  subsection (2) of section 215.32, Florida Statutes, is

26  reenacted to read:

27         215.32  State funds; segregation.--

28         (2)  The source and use of each of these funds shall be

29  as follows:

30         (b)1.  The trust funds shall consist of moneys received

31  by the state which under law or under trust agreement are


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1  segregated for a purpose authorized by law. The state agency

 2  or branch of state government receiving or collecting such

 3  moneys shall be responsible for their proper expenditure as

 4  provided by law. Upon the request of the state agency or

 5  branch of state government responsible for the administration

 6  of the trust fund, the Chief Financial Officer may establish

 7  accounts within the trust fund at a level considered necessary

 8  for proper accountability. Once an account is established

 9  within a trust fund, the Chief Financial Officer may authorize

10  payment from that account only upon determining that there is

11  sufficient cash and releases at the level of the account.

12         2.  In addition to other trust funds created by law, to

13  the extent possible, each agency shall use the following trust

14  funds as described in this subparagraph for day-to-day

15  operations:

16         a.  Operations or operating trust fund, for use as a

17  depository for funds to be used for program operations funded

18  by program revenues, with the exception of administrative

19  activities when the operations or operating trust fund is a

20  proprietary fund.

21         b.  Operations and maintenance trust fund, for use as a

22  depository for client services funded by third-party payors.

23         c.  Administrative trust fund, for use as a depository

24  for funds to be used for management activities that are

25  departmental in nature and funded by indirect cost earnings

26  and assessments against trust funds. Proprietary funds are

27  excluded from the requirement of using an administrative trust

28  fund.

29         d.  Grants and donations trust fund, for use as a

30  depository for funds to be used for allowable grant or donor

31  


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1  agreement activities funded by restricted contractual revenue

 2  from private and public nonfederal sources.

 3         e.  Agency working capital trust fund, for use as a

 4  depository for funds to be used pursuant to s. 216.272.

 5         f.  Clearing funds trust fund, for use as a depository

 6  for funds to account for collections pending distribution to

 7  lawful recipients.

 8         g.  Federal grant trust fund, for use as a depository

 9  for funds to be used for allowable grant activities funded by

10  restricted program revenues from federal sources.

11  

12  To the extent possible, each agency must adjust its internal

13  accounting to use existing trust funds consistent with the

14  requirements of this subparagraph. If an agency does not have

15  trust funds listed in this subparagraph and cannot make such

16  adjustment, the agency must recommend the creation of the

17  necessary trust funds to the Legislature no later than the

18  next scheduled review of the agency's trust funds pursuant to

19  s. 215.3206.

20         3.  All such moneys are hereby appropriated to be

21  expended in accordance with the law or trust agreement under

22  which they were received, subject always to the provisions of

23  chapter 216 relating to the appropriation of funds and to the

24  applicable laws relating to the deposit or expenditure of

25  moneys in the State Treasury.

26         4.a.  Notwithstanding any provision of law restricting

27  the use of trust funds to specific purposes, unappropriated

28  cash balances from selected trust funds may be authorized by

29  the Legislature for transfer to the Budget Stabilization Fund

30  and Working Capital Fund in the General Appropriations Act.

31  


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         b.  This subparagraph does not apply to trust funds

 2  required by federal programs or mandates; trust funds

 3  established for bond covenants, indentures, or resolutions

 4  whose revenues are legally pledged by the state or public body

 5  to meet debt service or other financial requirements of any

 6  debt obligations of the state or any public body; the State

 7  Transportation Trust Fund; the trust fund containing the net

 8  annual proceeds from the Florida Education Lotteries; the

 9  Florida Retirement System Trust Fund; trust funds under the

10  management of the Board of Regents, where such trust funds are

11  for auxiliary enterprises, self-insurance, and contracts,

12  grants, and donations, as those terms are defined by general

13  law; trust funds that serve as clearing funds or accounts for

14  the Chief Financial Officer or state agencies; trust funds

15  that account for assets held by the state in a trustee

16  capacity as an agent or fiduciary for individuals, private

17  organizations, or other governmental units; and other trust

18  funds authorized by the State Constitution.

19         Section 52.  In order to implement the issuance of new

20  debt authorized in the 2005-2006 General Appropriations Act,

21  and pursuant to the requirements of section 215.98, Florida

22  Statutes, the Legislature determines that the authorization

23  and issuance of debt for the 2005-2006 fiscal year is in the

24  best interest of the state and should be implemented.

25         Section 53.  In order to implement Sections 34, 35, 36,

26  39, 41, and 42 of the 2005-2006 General Appropriations Act,

27  subsection (19) is added to section 216.181, Florida Statutes,

28  to read:

29         216.181  Approved budgets for operations and fixed

30  capital outlay.--

31  


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1         (19)  In addition to the requirements of this chapter

 2  for amendments to the approved operating budgets for

 3  operational and fixed capital outlay expenditures from state

 4  agencies to be requested only through the Executive Office of

 5  the Governor and approved by the Governor and the Legislative

 6  Budget Commission, state agencies may request, and the

 7  Governor and the Legislative Budget Commission may approve,

 8  amendments authorizing the expenditure of moneys from the

 9  Working Capital Fund as specifically authorized in the General

10  Appropriations Act. This subsection expires July 1, 2006.

11         Section 54.  A section of this act that implements a

12  specific appropriation or specifically identified proviso

13  language in the 2005-2006 General Appropriations Act is void

14  if the specific appropriation or specifically identified

15  proviso language is vetoed. A section of this act that

16  implements more than one specific appropriation or more than

17  one portion of specifically identified proviso language in the

18  2005-2006 General Appropriations Act is void if all the

19  specific appropriations or portions of specifically identified

20  proviso language are vetoed.

21         Section 55.  If any other act passed in 2005 contains a

22  provision that is substantively the same as a provision in

23  this act, but that removes or is otherwise not subject to the

24  future repeal applied to such provision by this act, the

25  Legislature intends that the provision in the other act shall

26  take precedence and shall continue to operate, notwithstanding

27  the future repeal provided by this act.

28         Section 56.  The agency performance measures and

29  standards in the document entitled "Performance Measures and

30  Standards Approved by the Legislature for Fiscal Year

31  2005-2006" dated May 3, 2005, and filed with the Secretary of


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    2005 Legislature                        SB 2602, 2nd Engrossed



 1  the Senate are incorporated by reference. Such performance

 2  measures and standards are directly linked to the

 3  appropriations made in the General Appropriations Act for

 4  fiscal year 2005-2006, as required by the Government

 5  Performance and Accountability Act of 1994. State agencies are

 6  directed to revise their long-range program plans required

 7  under section 216.013, Florida Statutes, to be consistent with

 8  these performance measures and standards.

 9         Section 57.  If any provision of this act or its

10  application to any person or circumstance is held invalid, the

11  invalidity does not affect other provisions or applications of

12  the act which can be given effect without the invalid

13  provision or application, and to this end the provisions of

14  this act are declared severable.

15         Section 58.  Except as otherwise expressly provided in

16  this act, this act shall take effect July 1, 2005; or, if this

17  act fails to become a law until after that date, it shall take

18  effect upon becoming a law and shall operate retroactively to

19  July 1, 2005.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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